Shipping policy

1. These conditions form the sole contract between the Seller and Customer and no variation shall be of any effect unless in writing and signed by both parties.

2. Risk in the goods will pass to the Customer on delivery to the Customer or his agent.

3. The Seller will have the right to change the labelling and packaging of products without giving prior notice to the Customer.

4. The Seller will have the right to charge a 10% handling fee on returns where an Order was received from the Customer, and supplied correctly by the Seller. The Customer will return the product to the Seller at the cost of the Customer within 7 days of notification.

5. The Seller will have the right to suspend delivery of any goods until they are paid for.

6. Should the Customer fail to make a claim in respect of the goods within seven days of delivery, he shall be deemed to have received the goods in full compliance with the invoice and no claims will be entertained.

7. The Customer shall have no claim against the Seller for damages either in contract or delict arising from any cause whatsoever, for example loss of profits, consequential damages, claims by third parties for defects in material, and the Customer acknowledges that no representations, warranties or inducements have been given by the Seller and further that the Seller shall not be responsible for non-delivery or late delivery for reasons beyond its control.

8. In the event of any amount becoming due by the Customer to the Seller being in arrears or in the event of any payment tendered by the Customer being dishonored the total amount then owing by the Customer shall immediately become due and payable plus such charges incurred by the banks.

9. Barkocel (Pty) Ltd shall remain owner of all goods sold until such time as goods are paid for in full.

10. The Customer hereby consents to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrates' Courts Act 32 of 1944 notwithstanding the fact that the amount in dispute might exceed the jurisdiction of the Magistrates Court.

11. The Customer nominates as its domicilium citandi et executandi at the address reflected on the face of the credit application form.

12. In the event of Barkocel (Pty) Ltd instructing attorneys to recover any amounts that may be due by the Customer, the Customer agrees to pay all costs on the attorney and own client scale including collection charges.